Grady v. State

Decision Date28 September 2001
Citation831 So.2d 646
PartiesBryan GRADY v. STATE of Alabama.
CourtAlabama Court of Criminal Appeals

831 So.2d 646

Bryan GRADY
v.
STATE of Alabama

CR-00-2187.

Court of Criminal Appeals of Alabama.

September 28, 2001.


831 So.2d 647
Bryan Grady, pro se

Bill Pryor, atty. gen., and P. David Bjurberg, asst. atty. gen., for appellee.

COBB, Judge.

Bryan Grady was indicted for first-degree theft of property. Pursuant to a negotiated plea agreement, the State amended the indictment to include the charge of second-degree theft of property. On February 22, 1996, Grady pled guilty to second-degree theft of property. The trial court sentenced him to 20 years in prison. Grady did not appeal.

Grady filed his first Rule 32, Ala. R.Crim. P., petition. The State replied, and the circuit court summarily denied the petition on March 27, 1997. Grady did not

831 So.2d 648
appeal the denial of that petition. On June 4, 2001, Grady filed his second Rule 32, Ala. R.Crim. P., petition which the circuit court summarily denied on June 19, 2001
"We apply an abuse of discretion standard of review to the circuit court's denial of a Rule 32, Ala. R.Crim. P., petition for postconviction relief. See Elliott v. State, 601 So.2d 1118 (Ala.Cr.App.1992). If the circuit court is correct for any reason, even though it may not be the stated reason, we will not reverse its denial of the petition. See Roberts v. State, 516 So.2d 936 (Ala.Cr.App.1987)."

Reed v. State, 748 So.2d 231, 233 (Ala. Crim.App.1999).

On appeal, Grady reasserts the claim he made in his second petition to the circuit court and complains that the circuit court denied his petition without a response from the State and without making specific findings of fact. See Rules 32.7(a) and 32.9(d), Ala. R.Crim.App. Grady claimed in his petition to the circuit court that the trial court did not have jurisdiction to accept his plea of guilty. We note that, although this is a successive petition, see Whitt v. State, 827 So.2d 869 (Ala. Crim.App.2001) (citing Rule 32.2(b), Ala. R.Crim. P.), jurisdictional claims are not "precluded by the limitations period or by the rule against successive petitions." Jones v. State, 724 So.2d 75, 76 (Ala.Crim. App.1998).

First, although Rule 32.7(a) mandates that the district attorney shall file a response, the State's failure to do so, or the circuit court's failure to allow the State to respond before summarily dismissing a petition, is not necessarily an error requiring us to remand the cause in order for the State to respond. Rule 32.7(d), Ala. R.Crim. P., allows the circuit court to summarily dispose of a petition if the petition "is not sufficiently specific, or is precluded, or fails to state a claim, or that no material issue of fact or law exists which would entitle the petitioner to relief under this rule and that no purpose would be served by any further proceedings." (Emphasis added.) Thus, the circuit court can summarily dispose of a petition even before the State has responded if the petition is ripe for summary dismissal under Rule 32.7, because no purpose would be served by allowing the State to respond. Here the circuit court did not err because, as discussed below, the circuit court correctly summarily denied Grady's petition, and no purpose would have been served by allowing or by ordering the State to respond.1

Second, as for whether the circuit court was required to make specific findings of fact upon denying his petition, Grady claimed in his petition to the...

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15 cases
  • Boyd v. State
    • United States
    • Alabama Supreme Court
    • 27 Mayo 2005
    ...we will not reverse its denial of the petition."'" McGahee v. State, 885 So.2d 191, 201 (Ala.Crim.App.2003) (quoting Grady v. State, 831 So.2d 646, 648 (Ala.Crim.App.2001), quoting in turn Reed v. State, 748 So.2d 231, 233 Boyd first contends that the circuit court erred when it dismissed h......
  • Saunders v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 16 Diciembre 2016
    ...not reverse its denial of the petition." ’ " McGahee v. State, 885 So.2d 191, 201 (Ala. Crim. App. 2003), quoting Grady v. State, 831 So.2d 646, 648 (Ala. Crim. App. 2001), quoting in turn, Reed v. State, 748 So.2d 231, 233 (Ala. Crim. App. 1999).With these principles in mind, we review the......
  • McGahee v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 30 Mayo 2003
    ...See Roberts v. State, 516 So.2d 936 (Ala.Cr.App.1987).' "Reed v. State, 748 So.2d 231, 233 (Ala.Crim.App.1999)." Grady v. State, 831 So.2d 646, 648 (Ala.Crim.App.2001). McGahee first argues that the trial court erred when it determined that his claim of juror misconduct was procedurally bar......
  • Barnett v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 8 Noviembre 2013
    ...will not reverse its denial of the petition.” ’ ” McGahee v. State, 885 So.2d 191, 201 (Ala.Crim.App.2003) (quoting Grady v. State, 831 So.2d 646, 648 (Ala.Crim.App.2001), quoting in turn Reed v. State, 748 So.2d 231, 233 (Ala.Crim.App.1999) ). To prevail on a claim of ineffective assistanc......
  • Request a trial to view additional results

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